Overview

In India, ESI stands for Employees' State Insurance. It is a social security and health insurance scheme for Indian workers. The scheme is managed by the Employees' State Insurance Corporation (ESIC) under the Ministry of Labour and Employment, Government of India. The ESI scheme provides medical care, sickness benefits, maternity benefits, disability benefits, and various other benefits to workers who are registered under the scheme. The ESI Act applies to factories and establishments with 10 or more employees, earning wages up to a certain limit, and covers both permanent and temporary employees.

Who can apply?

The Employees' State Insurance (ESI) Act of India was enacted in 1948 to provide social security and health insurance to Indian workers. The Act applies to entities engaged in certain scheduled employment activities and employing 10 or more persons. Under the ESI Act, the following entities are eligible for coverage:

• Factories and establishments that are engaged in any scheduled employment activity, such as manufacturing, construction, hotels and restaurants, and medical institutions.
• Employees who are earning wages up to Rs. 21,000 per month.
• Employees who are not seasonal or casual workers and are engaged directly or through contractors.
• Employees who are working for the employer on a full-time or part-time basis.
• Employees who are working outside India but are covered under the provisions of the ESI Act.

Benefits

Registering under the Employees' State Insurance (ESI) scheme in India provides several benefits to both the employer and the employees. Some of the benefits of ESI registration are:

• Medical Benefits: Employees covered under the ESI scheme are eligible for medical benefits, which include hospitalization, medical consultation, and diagnostic services.
• Sickness Benefits: If an employee is unable to work due to sickness or injury, they are entitled to receive a daily cash allowance of up to 70% of their average daily wages during their absence from work.
• Maternity Benefits: Female employees who are covered under the ESI scheme are entitled to maternity benefits, which include paid leave for up to 26 weeks and medical expenses.
• Disability Benefits: If an employee becomes permanently or temporarily disabled due to an injury or illness, they are entitled to receive a monthly cash allowance of up to 90% of their average daily wages.
• Dependent Benefits: In case of the employee's death, their dependents are eligible to receive a monthly cash allowance of up to 90% of the employee's average daily wages.
• Funeral Expenses: In case of the employee's death, the ESI scheme provides a lump sum amount to cover the funeral expenses.

Why should you register?

Non-registration under the Employees' State Insurance (ESI) scheme in India can have several disadvantages for both the employer and the employees. Some of the disadvantages of non-registration are:

• Legal Liabilities: Employers who fail to register under the ESI Act may face legal liabilities, including penalties and fines for non-compliance.
• Limited Access to Medical Care: Employees who are not covered under the ESI scheme may have limited access to affordable medical care and health insurance.
• Reduced Employee Welfare: Non-registration of employees under the ESI scheme may reduce the welfare and benefits provided to employees by the employer, which may impact employee morale and retention.
• Reduced Competitiveness: Non-registration may also affect the employer's competitiveness in the job market, as job seekers may prefer to work with employers who provide ESI benefits.
• Increased Liability: In case of an accident or illness, employers who are not registered under the ESI scheme may be liable to pay for the medical expenses of their employees, which can be a significant financial burden.

Required Documents

To register for the Employees' State Insurance (ESI) scheme in India, an employer is required to submit certain documents to the Employees' State Insurance Corporation (ESIC). The documents required for ESI registration are as follows:

• Registration Certificate: A copy of the registration certificate of the business or establishment is required to be submitted.
• PAN Card: A copy of the Permanent Account Number (PAN) card of the employer is required.
• Bank Account Details: Bank account details of the employer, including the account number, bank name, and branch, are required to be submitted.
• List of Employees: A list of all the employees working in the establishment is required to be submitted, along with their details such as name, address, date of birth, and salary details.
• Aadhaar Card: A copy of the Aadhaar card of all the employees working in the establishment is required to be submitted.
• Address Proof: An address proof of the employer, such as a copy of the electricity bill, water bill, or property tax receipt, is required to be submitted.
• Identity Proof: An identity proof of the employer, such as a copy of the voter ID card, passport, or driving license, is required to be submitted.
• Certificate of Incorporation: A copy of the certificate of incorporation, if the establishment is a company, is required to be submitted.

Registration process

The registration process for the Employees' State Insurance (ESI) scheme in India can be done online through the Employees' State Insurance Corporation (ESIC) portal. Here are the steps to follow:

• Register as an employer: If you are a new user, register as an employer by clicking on the "Sign-Up" button and providing the necessary details.
• Fill in the application form: Once you have registered, log in to your account and fill in the application form for ESI registration. Provide all the required information, such as the name of the establishment, address, number of employees, salary details, bank account details, etc.
• Upload the documents: Upload all the necessary documents in the prescribed format and size as specified on the ESIC website.
• Submit the application: After completing the application form and uploading the documents, submit the application. You will receive an acknowledgment of the application with a temporary identification number (TIN).
• Verification of documents: The ESIC officials will verify the documents submitted along with the application. If everything is in order, they will approve the application and issue a permanent identification number (PIN).
• Issue of ESI card: Once the PIN is issued, the ESIC will issue an ESI card for each of the employees listed in the application.

Why approach LAWYASA?

• Expertise: Lawyasa has a team of experienced lawyers who are well-versed in labor laws and regulations, including the ESI scheme. We can provide you with expert advice and assistance to ensure that you are in compliance with all the requirements of the ESI scheme.
• Convenience: With Lawyasa, you can access legal advice and services from the comfort of your own home or office, making it easy and convenient to get the assistance you need for ESI registration.
• Cost-effective: Lawyasa offers affordable legal services, including ESI registration assistance, making it accessible to small and medium-sized businesses.
• Personalized service: Lawyasa provides personalized service and support to ensure that your ESI registration process goes smoothly and that all your questions and concerns are addressed.
• Timely assistance: Lawyasa understands that ESI registration is time-sensitive and can provide you with timely assistance to ensure that you meet all the deadlines and requirements for ESI registration.

How can LAWYASA assist?

Lawyasa can assist you in several ways with the registration of Employees' State Insurance (ESI) scheme in India. Here are some ways how Lawyasa can help you:

• Eligibility check: Lawyasa can help you determine if your business is eligible for ESI registration under the applicable laws and regulations.
• Document preparation: Lawyasa can assist you in preparing and organizing all the necessary documents required for ESI registration, including employee data, proof of identity and address, and bank account details.
• Application process: Lawyasa can help you in the ESI registration application process, including filling out the application forms, attaching the necessary documents, and submitting the application to the appropriate authorities.
• Compliance support: Lawyasa can provide you with ongoing support and advice on compliance with ESI regulations, including filing of ESI returns and payments, and ensuring that your business remains in compliance with all the ESI-related obligations.
• Legal representation: If your business faces any legal issues related to ESI compliance, Lawyasa can provide you with legal representation to protect your interests and help you resolve the matter.

Frequently Asked Questions